UnNatural Sex With Wife, Even Without Consent, Is Not Punishable: Chhattisgarh High Court

Bilaspur, Chhattisgarh: The Chhattisgarh High Court has ruled in a recent judgement that unnatural sex between a husband and wife, even without consent, does not constitute an offence under the Indian Penal Code (IPC).

Chhattisgarh High Court stated that unnatural sex between a husband and his adult wife does not warrant any punishment.

This ruling comes after a man was acquitted of charges related to unnatural sex and culpable homicide, which resulted in his wife’s death.

The case involved a husband who had unnatural sex with his wife, leading to her hospitalisation and eventual death due to peritonitis and rectal perforation.

Also, read| Rajasthan High Court Orders “Mandatory Registration Of Live-In Relationships”

The trial court initially convicted the husband under Sections 376 and 377 of the Indian Penal Code (IPC). However, the High Court overturned this decision, citing that if the wife is over 15 years old, any sexual intercourse or act by the husband cannot be considered rape.

The court’s judgment emphasised that the absence of the wife’s consent for unnatural acts loses significance in this context. This ruling effectively removes unnatural sex between a husband and wife from the ambit of punishment.

The High Court overturned this conviction, stating that offences under Sections 376 and 377 of the IPC cannot be applied to the husband.

Also, read| Sex With Minor Wife, Even If Consensual, Is Rape: Bombay High Court

Marital rape is currently not punishable by law in India. The Supreme Court is hearing petitions seeking to criminalise marital rape, but the hearing was suspended due to the retirement of the Chief Justice of India.

The Centre maintains that protecting the institution of marriage is essential and that there is no need to criminalise marital rape.

In January, the Rajasthan High Court stated that Couples who decide to live together without marriage must enter into and register a live-in relationship agreement.

The court made the remarks while delivering a verdict ordering government authorities to make such a rule compulsory for those in live-in relationships.